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BELLEVUE, Wash. — The Second Amendment Foundation (SAF) secured a major win today in Harrington v. Crawford after school district officials admitted the search of plaintiff Jack Harrington’s vehicle violated his Fourth Amendment rights.

In October last year, SAF filed the case after Harrington’s vehicle was searched on Hillsboro-Deering High School grounds solely on the basis of school officials learning that Harrington lawfully owned a firearm in his personal life. Harrington owns a handgun which he sometimes carries with him in his truck – in full compliance with all federal and New Hampshire state laws – but never brought the gun to school, which he knew was prohibited. Upon learning that Harrington lawfully owned a firearm, however, he was subjected to interrogation and his vehicle being searched without his consent. No firearm was found during the illegal search as it was safely stored at his home, nowhere near the school campus.

“Maintaining safety on school grounds is a laudable goal,” said SAF Executive Director Adam Kraut. “But the Constitution demands that school officials have, at minimum, reasonable suspicion to search a student’s property. Critically, choosing to exercise one’s Second Amendment rights cannot be interpreted as a waiver of your rights under the Fourth Amendment, nor can it create reasonable suspicion of a crime. We’re pleased the school district here has admitted their errors and reinforced that the fundamental rights of their students will be respected.”

As noted in the original complaint, “…after the Interrogation in which Jack repeatedly refused to consent to a search and after Jack’s parents were contacted by phone and similarly refused to consent to a search, Defendants searched the Subject Vehicle anyway, finding no firearm.”

“Publicly acknowledging that you’re a gun owner does not justify endless harassment or subject you to invasive searches,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The overwhelming majority of gun owners are law-abiding peaceable people for their entire lives. Simply choosing to exercise your rights under the Second Amendment does not imply that you may do something criminal with a firearm and does not create reasonable suspicion that a crime has been committed. If that were the case, then lawful gun owners like Mr. Harrington would not just be subject to search of their property on one day – but every day – unless and until they prove that they have sold their constitutionally protected property to the satisfaction of school officials. The Constitution prevents precisely that outcome and worked exactly as designed in this case.” Read more

Court reverses lower court, renders judgment for FPC, and holds federal handgun purchase restrictions unconstitutional under the Second Amendment

Firearms Policy Coalition (FPC) announced today a major victory in Elite Precision Customs v. ATF, with the United States Court of Appeals for the Fifth Circuit holding that the federal government’s ban on direct interstate handgun purchases violates the Second Amendment. The Court reversed the lower court’s dismissal of the case and rendered judgment for FPC and its co-plaintiffs.

Individuals who want to join the FPC Grassroots Army and help support important lawsuits like this one can sign up in under three minutes at JoinFPC.org.

The federal laws challenged by FPC categorically prohibit people from directly purchasing handguns from licensed dealers outside their state of residence. While federal law provides exceptions for interstate rifle and shotgun purchases, handgun buyers are instead forced to arrange an additional transfer through a licensed dealer in their home state—a process that depends on another dealer agreeing to participate and typically imposes additional fees and delays.

The Fifth Circuit’s conclusion was unequivocal: “The Ban sullies the plain text of the Second Amendment and is inconsistent with the nation’s tradition of firearms regulation.” The Court reversed the district court and rendered judgment for FPC and the other plaintiffs. Read more

The Second Amendment Foundation (SAF) and its partners have filed a petition for a writ of certiorari with the U.S. Supreme Court seeking review in Christian v. James, a case challenging New York’s sweeping “sensitive places” firearms carry ban.

SAF has already secured two victories in the case, with the federal district court ruling that New York’s prohibition of concealed carry on private property open to the public is unconstitutional – a ruling later conceptually reaffirmed when the Supreme Court struck down a near-identical Hawaii state law in Wolford v. Lopez. In May, the Second Circuit affirmed that ruling as it relates to carry on private property open to the public. In the same ruling, however, the Second Circuit upheld the constitutionality of New York’s carry ban in public parks. That ruling lead to today’s petition asking the Supreme Court to review the case.

“For the same reasons both the Supreme Court and Second Circuit struck down major portions of this law already, the remaining ban on permitted carry in public parks should meet the same fate,” said SAF Executive Director Adam Kraut. “This firearm carry ban applies to every public park across New York, from Central Park in Manhattan to remote state forests and recreational areas. New York has beautiful outdoor spaces and those who enjoy those scenic landscapes should not be forced to be vulnerable and unable to protect their families. We learned in the Supreme Court’s Wolford decision that the Second Amendment protects the ability of peaceable Americans to carry as they go about their daily lives. For many New Yorkers, taking advantage of the beautiful public parks is part of their daily lives. As the Court continues to explain precisely what types of public spaces can be deemed ‘sensitive’ we are hopeful that it takes this opportunity to hold that public parks are not among them.”

As stated in the petition, “Only (the Supreme Court) can resolve whether the Second Amendment’s promise will apply to all Americans guaranteed the fundamental right it protects.” SAF is joined in the case by the Firearms Policy Coalition and Brett Christian, for whom the case is named.

“If there’s ever a time when a citizen should be allowed to carry a firearm for self-defense, it’s in the wilds of New York,” said SAF founder and Executive Vice President Alan M. Gottlieb. Read more